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"Yespeding which they have frequently been misre. 1682.
--- This settles the divine right of government Part of the
“ They weakly err, that think there is no other use of government, than correction; which is the coarsest part of it: daily experience tells us, that the care and regulation of many other affairs, more soft, and daily neceffary, make up much the greater part of government; and which must have followed the peopling of the world, had Adam never fallen; and will continue among men, on earth, under the highest attainments, they may arrive at, by the coming of the blessed second Adam, the Lord from Heaven.”
As to the modes, he further obferves,-- I do not find a model in the world, that time, place, of Governo and some singular emergencies, have not necessa- ment in gerily altered; nor is it easy to frame a civil govern- neral. ment, that hall serve all places alike;"_" Any
Part of the
1682. government is free to the people under it (what-
people are a party to those laws; and more than
“ There is hardly one frame of government,
Wherefore, governments rather depend upon men, than men upon governments. Let men be good, and the government cannot be bad; if it be ill, they will cure it. But, if men be bad, let government be
never so good, they will endeavour to warp and preface to
spoil it to their turn."«« That, therefore, which
“ These considerations," (several of which, for
“ But, next to the power of necessity (which is a follicitor, that will take no denial) this induced me to a compliance, that we have, (with reve
rence to God, and good conscience to men) to the 1682.
The frame itself consisted of twenty-four arti- Purport of cles; and the laws were forty. By the former of govers the government was placed in the Governor and ment. Freemen of the province, in the form of a provincial council, and General Assembly. By them conjunctively all laws were to be made, all officers appointed, and all public affairs transacted. Seventy-two was the number of the Council, to be chosen by the freemen; and though the Governor, or his deputy, was to be perpetual President, he had but, a treble vote. One-third part of them was, at firit, to be chosen for three years, onethird for two years, and one-third for one year; in such manner, that there might be an annual fuccession of twenty-four new members, each to continue three years, and no longer.--The General Alfembly was, the first year, to consist of all the freemen, afterwards of two hundred, and never to exceed five hundred. And this charter, or form of government, was not to be altered, changed, or diminished, in any part, or clause of it, without the consent of the Governor, his heirs, ar asfigns,
the firit laws.
1682. and fix parts of seven of the freemen, in Provin. mcial Council and Assembly. And to the fame
power only was the alteration of the laws made subject: these laws were of the natere of an original compact between the proprietary and the freemen; and, as such, were reciprocally received and executed; one of them was,
" That all persons living in this province, who
confess and acknowledge the one Almighty and Onco? Eternal God to be the Creator, Upholder and Ru
ler of the world, and that hold themselves obliged, in conscience, to live peaceably and justly in civil society, shall, in no ways, be molefted, or prejudiced, for their religious perswasion, or practice, in matters of faith and worship; nor shall they be compelled, at any time, to frequent, or maintain, any religious worship, place, or ministry whatever."
Morover, the proprietary, to prevent all future
claim, or, even, pretence of claim, that might be William made, of the province by the Duke of York, or
his heirs, obtained of the said Duke his deed of of release for the same, dated the 21st. of August,
Penn tains Duke
York's re- 1682.*
Besides * The release of the Duke of York to William Penn was expresfed, ag follows
“ This indenture, made the one and twentieth day of August, in the Sour 'and thirtieth year of the reign of our fovereign lord, Charles the second, by the grace of God, of England, Scotland, France, and Ireland King, defender of the faith, &c. annoque Domini 1682, between the most illustious Prince, his Royal Highess, James, Duke of York and Albany, Earl of Ulfter, &c. of the one part, and William Penn, Esquire, son and heir of Sir William Penn, Knight, deceased, of the other part. Whereas, his said Royal Highness, being willing and desirous that the tract of land, called Pennsylvania, herein after mentioned, should be granted and assured unto the said William Penn, and his heirs, and for that purpose, having fignified and declared his affent thereunto, to che right honourable, the lords of the committee of plantations, his faid Majesty, by his letters patent, under the great seal of England, hearing date the 4th day of March, in the three and thirtieth year of his reign, for the confideration therein mentioned, did grant unto the said William Penn, and his heirs, all that tract, or part of land in America, with the islands therein contained, and thereunto belonging, as the same is bounded and described in and by the said letters patent, and therein called Pensilvania, together with several royalties, franchises, jurisdictions and privileges, therein contained. And, whereas, in consideration of five shil.
Besides, as an additional territory to the pro. 1682. vince, he also, this year, 1682, procured of the w duke of York, his right, title and interest, in that tract of land, since called the The three lower counties on Delaware, extending from the south boun- cures of the dary of the province, and situated on the western side of the said river and bay of Delaware, to cape territories, Hinlopen, beyond, or south of Lewistown; which, by the Duke were made over to William Penn, his heirs and assigns, by two deeds of Feoffment, dated, August 24th. 1682. The first deed was for the town of Nez-Castle, alias Delaware town, and a district of twelve miles round it, as far as the river Delaware; in the second, of the same date, was comprehended that tract of land, from
lings, and for the confiderations herein after mentioned, his faid Roya)
and pleased to confirm and make any further assurance
and his heirs."
“ Now, therefore, this indenture witnesseth, that his said Royal Highness, out of a special regard to the memory, and many faithful and eminent services heretofore performed, by the said Sir William Penn, to his faid Majesty and Royal Highness, and for the better encouraging him, the said William Penn, to proceed in the cultivating and improving the said tract of ground, and inands therein, and thereunto belonging, and reducing the favage and barbarous natives thereof to civility, and for the good will, which his faid Royal Highness hath and beareth to the said William Penn, and for other good causes and considerations, hath remised, released, and for ever quit claim, and by these preserts, doth, for him and his heirs, remise, release, and for ever quit claim, unto the said William Penn, (in his peaceable poffeffion now being) his heirs and afligns, all the estate, right, title, interest, rents, services, duties, payments, property, claim and demand whatsoever, of his faid Royal Highness, of, in, or to, or out of the said tract of land, and all fingular other, the lands, islands, tenements, hereditaments, and other things comprised in the said recited letters patent, and within the bounds and limits therein mentioned, to have and to hold the said tract of land, rents, services, hereditaments and premises, unto the said William Penn, and his heirs, to the only use and benefit of the said William Penn, his heirs and assigns for ever. IN WITNESS whereof his Royal Highness hath to these presents set his hand and seal, the day and year first above written."
“JAMES." (L. s.) Sealed and delivered
in the presence of 5 JOHN WERDEN. GEORGE Man.